Terms and Conditions
Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
“Site” means the Agwanmotores.com online shopping platform owned and operated by Agwan Group, which provides a venue to the users of Agwanmotors.com to buy the products listed / displayed at site
“User/You” means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale of the Vendor / Seller products, through ‘Agwan Group’ by placing its order on this Site.
“Product/s” connotes the goods, services promoted / displayed on the Site and offered for any use / sale.
This Website is only a venue where Users may meet and interact with one another for their sale (if any) and purchase transactions. Therefore, Agwan Group. acts as a facilitator for such sale and all commercial / contractual terms are offered by and agreed to between buyers and sellers alone (if any). The commercial / contractual terms Group without limitation price, shipping costs, date, period, mode of delivery, warranties related to products and services Group after sales services related to products and services, etc., over which the seller (if any) has complete control and the same may be subject to change.
The agreement between you and Agwan Group is subject to the following terms and conditions :
1. The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.
2. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of Agwan Group you agree to be bound by the Terms and Conditions.
3. All prices, unless indicated otherwise are in Indian Rupees.
4. By indicating User’s acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.
5. Agwan Group is neither responsible for any non-performance or breach of any contract entered into between Users nor make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the products or services proposed to be sold or offered to be sold by the seller or purchased by the buyer, on the Website.
6. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf, if any. Agwan Group accepts no liability for any errors or omissions, whether on behalf of itself or its Sellers or third parties, if any.
7. Any order placed for a product that is listed at an correct price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.
8. Agwan Group does not at any point of time during any transaction between buyer and seller on Website come into or takes possession of the product(s) or service(s) offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer. Agwan Group shall not and is not required to mediate or resolve any dispute or disagreement between Users.
9. In a credit card transaction, you must use your own credit card. Agwan Group will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to ‘prove otherwise’ shall be exclusively on the user.
10. Agwan Group is not responsible for non-delivery, unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. It is the sole responsibility of the Vendor (if any) to dispatch the Product to the User (depending on the Product or Offer Price). Any request for cancellations of orders once duly placed on the site, shall not be entertained.
11. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from the User placing the order.
12. Shipment/delivery time of order processing starts from the day of receipt of the payment/COD(Cash on Delivery)confirmed against the order placed with Agwan Group.The Shipment /Delivery time is an approximate time mentioned against each product.
13. Agwan Group shall not be liable for any delay / non-delivery of purchased goods, flood, fire, wars, acts of God or any cause that is beyond the control of Agwan Group.
14. Presently, the service(s) of Agwanbazar.com are being offered free of cost. However, Agwan Group reserves the right to charge a fee for any or such facilities.
15. The User agrees to use the services provided by Agwan Group, its affiliates, consultants and contracted companies, for lawful purposes only.
16. The User agrees to provide authentic and true information. Agwan Group reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), Agwan Group has the right in its sole discretion to reject the registration and debar the User from using the Services available at this website, and / or other affiliated websites without prior intimation whatsoever.
17. Agwan Group will not be responsible for any damage suffered by users from use of the services on this site. This without limitation Groupludes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of seller, if any. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
18. Partial delivery of product needs to be reported within 10 days of receipt of the product.
19. Cancellation, on user’s request, may not be allowed, subject to the specific terms and conditions applicable to the type of product or service purchased.
20. All order/sub orders cancelled will be refunded as per the payment mode selected by customer except for COD/Cheque paymode, where refund shall be processed via Payorder/Demand-draft.
21. Delivery of orders would be done address specific not person specific.
22. The Agwan Gift Certificate issued by Agwanmotors.com shall be sent on the email id mentioned on the billing address only.
23. For reported defects on products with manufacturer’s warranty the customer needs to contact the relevant service center of the manufacturer, respectively. Agwan Group shall not be held responsible for any refund claim in such a case from the customer.
24. Agwan Group reserves the right to cancel any order placed using Credit Card which holds International Billing Address.
25. Octroi charges may be levied on some products displayed on the site .These charges shall are not refundable and shall be borne by the customer. In the event of cancellation of the order the ,Octroi charges levied shall not be refunded.
26. We (Agwan Group) as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Products Description and Pricing
Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale Group in the item’s description.
Agwan Group and\or Agwan Group ‘s Vendor\Seller (if any), will attempt to be as accurate as reasonably possible while providing Product descriptions and pricings. However, Agwan Group or Seller (if any) do not warrant that descriptions or other content or prices related to the Products or other information and content contained in this Agwan Group website is accurate, complete, reliable, current, or error-free. If a Product showcased on this Agwan Group website on behalf of Seller is found by you not to be as described, upon receipt of the same in pursuance to placing an order on the Seller through the Site, your sole remedy is to return it in unused condition to the Seller (if any). In the event if the payment has been processed by Vendor\Seller (if any) for the returned Product(s), the refund amount shall be credited to your credit/debit card account and the same shall be duly notified to by email to your email address provided at the time of registration.
Charges displayed on the site are Group of cost of the product service fee for payment and facilitation fee. In case the customer would like to pay using an alternate payment mode that is acceptable to us, the service fee for payment will be adjusted with the total payable amount for the order. All prices and availability of products are subject to change without prior notice at the sole discretion of Agwan Group.
Credit card details
You agree, understand, undertake and confirm that the credit/debit card details provided by You for making payments for Product(s) purchased through www.Agwanbazar.com, either through the on-line payment gateway mechanism will be correct, current, complete and accurate and you shall not use the credit card/ debit card or any other bank account which is not lawfully owned by you. The aforesaid information provided by You will not be shared by Agwan Group with any of the third parties unless required by law, regulation or court order or for facilitating and completing the purchases made by You or its Vendor\Seller (if any) will not be responsible for any financial loss, Group convenience or mental agony resulting from misuse of your ID/password/credit card number/account details in anyway.
Order Tracking Facility:
You understand and agree that Agwan Group and this Site also provides ‘Order Tracking Facility’ to the Registered Users in respect of their orders placed with Agwan Group.
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that
(1) belongs to another person and to which you do not have any right to;
(2) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes Groupitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You shall indemnify and hold harmless Agwan Group and (as applicable) Agwan Group ‘s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions Groupluding reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement.
The User agrees that Agwan Group may under certain circumstances and without prior notice, immediately terminate the User’s user ID and access to the Website/Services. Causes for termination may include, but shall not be limited to requests by enforcement or government agencies, etc.
None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Agwan Group and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Agwan Group and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Agwan Group and its agents as their agent for this purpose.
The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Service or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Communication with Users:
Agwan Group reserves the right to communicate with Users regarding this site and User’s use of this site or any product or service purchased by User on this site.
Agwan Group shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause.
Agwan Group This agreement and each TOS shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws prGroupiples and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of Himmatnagar only.
Notice of Copyright Infringement:
Agwan Group is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the Site, you may at firstname.lastname@example.org or write at the following address:
National Highway No.8,Piplodi
Phone ; 02772-249409
Fax : 02772 – 240419
Mo: +91 (0) 98252 30243
request you to please provide the following information in your complaint:-
(a)A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.
(b) Identification of the copyrighted work claimed to have been infringed.
(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.
(d) The address, telephone number or e-mail address of the complaining party.
(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.
Copyright ©2017 Agwan Group. All rights reserved.
Note-Above T&Cs are subjected to change without prior notice. Subjected to Himatnagar jurisdiction only.